http://nclawyersweekly.com Tue, 21 May 2013 20:46:13 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2013/05/15/real-property-contract-no-meeting-of-the-minds-restrictions-specific-performance/ http://nclawyersweekly.com/2013/05/15/real-property-contract-no-meeting-of-the-minds-restrictions-specific-performance/#comments Wed, 15 May 2013 15:37:07 +0000 ericahampton http://nclawyersweekly.com/?p=73093 Nall Farm Road, LLC v. Watson The parties’ agreement to transfer real property said, “There must be no restriction, easement, zoning, or other governmental regulation that would prevent the reasonable use of the Property for 2 Residential homes, no mobile homes, no multifamily purposes.” Given that clause, the defendant-seller’s rejection of a deed which had no restrictions, and her proposal of a deed restricting use of the property to two single-family homes, the trial court could find that there was no meeting of the minds as to the permitted use of the property at issue.]]> http://nclawyersweekly.com/2013/05/15/real-property-contract-no-meeting-of-the-minds-restrictions-specific-performance/feed/ 0 http://nclawyersweekly.com/2013/04/26/real-property-homeowners-hamp-contract-claims-dismissed-2/ http://nclawyersweekly.com/2013/04/26/real-property-homeowners-hamp-contract-claims-dismissed-2/#comments Fri, 26 Apr 2013 15:50:14 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72597 Spaulding v. Wells Fargo Bank NA Maryland homeowners who were denied a mortgage loan modification under the federal Home Affordable Modification Program cannot sue their mortgage servicer Wells Fargo Bank under HAMP or under various state law theories of recovery, and the 4th Circuit upholds dismissal of their lawsuit. ]]> http://nclawyersweekly.com/2013/04/26/real-property-homeowners-hamp-contract-claims-dismissed-2/feed/ 0 http://nclawyersweekly.com/2013/04/23/real-propertytortnegligence-fraud-hog-farm-spray-easement-contract-meeting-of-the-minds/ http://nclawyersweekly.com/2013/04/23/real-propertytortnegligence-fraud-hog-farm-spray-easement-contract-meeting-of-the-minds/#comments Tue, 23 Apr 2013 12:58:18 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72495 Adams v. Kalmar Plaintiff Ronnie Adams did not fraudulently induce defendant Kalmar to grant plaintiffs a larger area for their spray easement than plaintiffs actually needed for their hog farming operation. ]]> http://nclawyersweekly.com/2013/04/23/real-propertytortnegligence-fraud-hog-farm-spray-easement-contract-meeting-of-the-minds/feed/ 0 http://nclawyersweekly.com/2013/04/18/real-property-municipal-condemnation-%c2%a7-108-hearing-all-issues-but-compensation-unity-access-appeals/ http://nclawyersweekly.com/2013/04/18/real-property-municipal-condemnation-%c2%a7-108-hearing-all-issues-but-compensation-unity-access-appeals/#comments Thu, 18 Apr 2013 15:36:28 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72378 City of Wilson v. Batten Family, L.L.C. In this condemnation case, after notice and a hearing pursuant to G.S. § 136-108, the trial court entered an order which said it decided all issues other than compensation. If defendant wanted the issue of access to Bloomery Road decided, it should have appealed the trial court’s order within 30 days rather than waiting more than a year and then asking for another § 108 hearing. ]]> http://nclawyersweekly.com/2013/04/18/real-property-municipal-condemnation-%c2%a7-108-hearing-all-issues-but-compensation-unity-access-appeals/feed/ 0 http://nclawyersweekly.com/2013/04/17/real-property-contract-implied-in-fact-private-road-lake-upkeep-easement/ http://nclawyersweekly.com/2013/04/17/real-property-contract-implied-in-fact-private-road-lake-upkeep-easement/#comments Wed, 17 Apr 2013 13:02:35 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72323 Lake Toxaway Community Association, Inc. v. RYF Enterprises, LLC The trial court’s uncontested findings of fact show that defendant and its predecessors used the lake and private roads within Lake Toxaway Estates, thereby benefiting from having well-maintained private roads and a well-maintained lake and dam. These findings of fact support the trial court’s conclusion that, implicit in defendant’s acceptance of the benefits of using the roads and the lake was an agreement to pay for the maintenance and repair of the roads and lake.]]> http://nclawyersweekly.com/2013/04/17/real-property-contract-implied-in-fact-private-road-lake-upkeep-easement/feed/ 0 http://nclawyersweekly.com/2013/04/12/real-property-hoa-wins-challenge-to-exclusive-cable-contract/ http://nclawyersweekly.com/2013/04/12/real-property-hoa-wins-challenge-to-exclusive-cable-contract/#comments Fri, 12 Apr 2013 20:36:54 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72236 Lansdowne on the Potomac HOA Inc. v. OpenBand at Lansdowne A cable provider’s exclusive contract to provide cable services to a real estate development violated an FCC order that prohibited such exclusivity arrangements, and the 4th Circuit affirms judgment for the homeowners’ association that successfully challenged the contract.]]> http://nclawyersweekly.com/2013/04/12/real-property-hoa-wins-challenge-to-exclusive-cable-contract/feed/ 0 http://nclawyersweekly.com/2013/04/09/real-property-subdivision-roads-maintenance-responsibility-deed-developer-to-hoa/ http://nclawyersweekly.com/2013/04/09/real-property-subdivision-roads-maintenance-responsibility-deed-developer-to-hoa/#comments Tue, 09 Apr 2013 15:18:18 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72091 Carolina Coast & Lakes, Inc. v. The Shores at Land’s End Homeowners’ Association, Inc. The provisions of the deed from the developer to the homeowners’ association could be read to transfer responsibility for upkeep of the subdivision’s roads to the HOA immediately or only when the roads were eligible for takeover by the N.C. Department of Transportation – which has yet to occur for some of the subdivision’s roads.]]> http://nclawyersweekly.com/2013/04/09/real-property-subdivision-roads-maintenance-responsibility-deed-developer-to-hoa/feed/ 0 http://nclawyersweekly.com/2013/03/27/real-property-fraud-claim-not-preempted-by-hola/ http://nclawyersweekly.com/2013/03/27/real-property-fraud-claim-not-preempted-by-hola/#comments Wed, 27 Mar 2013 17:43:53 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71704 McCauley v. Home Loan Investment Bank FSB A plaintiff who defaulted on her home loan and complained about an inflated appraisal, unfair loan terms and a rushed loan closing may sue the lender for fraud under state law, as that claim is not preempted by the federal Home Owners’ Loan Act, but her unconscionability claim is preempted under 12 C.F.R. § 560.2 and the 4th Circuit upholds dismissal of the latter claim. ]]> http://nclawyersweekly.com/2013/03/27/real-property-fraud-claim-not-preempted-by-hola/feed/ 0 http://nclawyersweekly.com/2013/03/27/real-property-mortgages-foreclosure-holder-ucc/ http://nclawyersweekly.com/2013/03/27/real-property-mortgages-foreclosure-holder-ucc/#comments Wed, 27 Mar 2013 14:45:01 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71674 In re Foreclosure of Deed of Trust from Perry Where petitioner maintained possession of respondent’s original promissory note , and where the note was endorsed from the original lender to the order of petitioner, petitioner was the holder of the promissory note and entitled to enforce the instrument and seek foreclosure pursuant to G.S. § 45-21.16. ]]> http://nclawyersweekly.com/2013/03/27/real-property-mortgages-foreclosure-holder-ucc/feed/ 0 http://nclawyersweekly.com/2013/03/27/real-property-foreclosure-civil-practice-void-judgment-transfer-set-aside/ http://nclawyersweekly.com/2013/03/27/real-property-foreclosure-civil-practice-void-judgment-transfer-set-aside/#comments Wed, 27 Mar 2013 13:44:42 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71658 In re Proposed Foreclosure against Zheng After the trial court determined that the respondents’ homeowners’ association failed to give respondents proper notice of the foreclosure on respondents’ property, the trial court could set aside the sale of respondents’ property to the appellant-purchaser according to the interpretation of G.S. § 1-108 set out in Town of Cary v. Stallings, 97 N.C. App. 484, 389 S.E.2d 143 (1990). We affirm the order of the trial court deeming the foreclosure deed void and setting it aside. ]]> http://nclawyersweekly.com/2013/03/27/real-property-foreclosure-civil-practice-void-judgment-transfer-set-aside/feed/ 0